And The Defense Wins=20
DRI=20
member E. Kay=20
Fuller of =
Martin=20
Seibert, L.C. in Martinsburg, West =
Virginia,=20
successfully defended State Farm and its right =
to=20
maintain electronic claim files and to receive a =
claimant=92s medical records without additional=20
restrictions imposed upon access and use of the =
records=20
by protective orders demanded by claimants =
before the=20
West Virginia Supreme Court of Appeals.=20
In State ex =
rel. State=20
Farm Mut. Auto. Ins. Co. v Bedell, (No. =
35514,=20
W.Va., filed June 16, 2010), State Farm sought =
and=20
obtained a writ of prohibition, stopping =
enforcement of=20
a lower court=92s order that prohibited State =
Farm from=20
electronically maintaining its records and which =
called=20
for the return or destruction of plaintiff=92s =
medical=20
records at the conclusion of the case. In =
rejecting both=20
portions of the trial court=92s Order, the West =
Virginia=20
Supreme Court held State Farm could not destroy =
records=20
since that would violate Insurance Commissioner =
record=20
retention regulations.
In a unanimous =
opinion,=20
believed to be of national first impression, the =
court=20
held State Farm acted in good faith when it =
immediately=20
appealed the circuit court=92s Order and =
returned the=20
plaintiff=92s medical records without reviewing =
them. In=20
issuing its opinion, the supreme court issued a =
new=20
syllabus point of law.
As to electronic =
maintenance=20
of claim files, the court accepted the practice =
as=20
economical and efficient and concluded the =
plaintiff=20
failed to demonstrate good cause for a =
protective order.=20
The court specifically found the plaintiff =
failed to=20
present any evidence State Farm has violated =
federal or=20
state privacy statutes. =93In the absence of any =
factual=20
support,=94 the court held, =93the vague fears =
articulated=20
by [the plaintiff] do not constitute the =
=91particular and=20
specific demonstration of fact=92 that this =
Court requires=20
from a party seeking a protective =
order.=94=20
=
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